Can the president declare war without congressional approval?

Actually, the law allows the president to declare war and act upon that declaration for 60 days, without consent of Congress.

Unfortunately for Bush, those 60 days passed a long time ago, so yes, his actions are illegal at this time. If Congress says to shut it down, he has no choice but to comply.

The topic certainly leaves room for debate.

I think the intention of the Constitution is that only Congress can declare war, but the nation has to retain the capability to respond to an attack regardless of whether Congress is in session or not (at the time the Constitution was ratified, trains hadn't even been invented). Making the President Commander-In-Chief of the military provides a capability for rapid response to a crisis.

A literal interpretation of the Constitution gives the President the authority to start a war on his own. In fact, a literal interpretation allows the President to wage armed conflict as long the 'war' label isn't attached to it. That's kind of a catch-22. If Congress doesn't declare war, then the President isn't conducting a war and isn't violating the Constitution. I think that's a bizarre interpretation.

The War Powers Act you refer to was an attempt to close any possible loop hole. Ideally, the fact that the President would need Congressional approval to continue any armed conflict past 60 days would prevent a President from waging an undeclared war like the Korean War or the Viet Nam War. In practice, it works more like you said. Once the President has committed to a war, Congress is backed into a corner and will find it very hard to tell the President to withdraw troops.

In the case of Iraq, the War Powers Act is a moot point since Bush got Congressional approval months before he invaded Iraq. In fact, the Senate debate on that resolution makes some pretty interesting reading. Winslow Wheeler wrote a good article about it called "The Week of Shame".

http://www.mafhoum.com/press4/shame.pdf#search='wi...

The President can call forces into action for up to 60 days without Congressional approval. After that 60 days, he can get an additional 30 day, but only if he can prove that it is vital to National security to do such. Then he must have the support of Congress to fund any further action, else he has to withdraw the forces.

Simply put to all of those whining about our military being in an "illegal war", If the war is illegal and not wanted by so many in Congress, why is Congress still funding it? Be aware that it takes more than a simple majority to maintain funding, so there's lots of Democrats voting for continuation.

The President can call forces into action for as a lot as 60 days without Congressional approval. After that 60 days, he can get an more effective 30 day, yet on condition that he can coach that that is critical to nationwide safe practices to do such. Then he must have the help of Congress to fund any further action, else he has to withdraw the forces. in basic terms positioned to all of those whining about our protection stress being in an "unlawful conflict", If the conflict is prohibited and by no ability wanted by technique of most of in Congress, why is Congress nonetheless funding it? note that it takes more effective than an problem-free majority to maintain funding, so there's a lot of Democrats vote casting for continuation.

No, only the Congress can delcare war.

The War Powers Resolution states that the President can order US troops into action for not more than 60 days without the support of congress; after that, one of two things must happen: the troops must come home, or congress must approve the action.

News flash for all you liberal Bush-haters - CONGRESS APPROVED THE INVASION OF IRAQ. Therefore, Bush has NOT done anything illegal.

no he cannot declare war with out congressional approval,but can he can use his powers as commander in chief to send troops into situations that are equal to war as stated in the constitution.there is no 60 or 90 day time limit to it.the 1st time this was done was between 1797 and 1799 when george washington use the navy to attack french raiders who were capturing our ships.jefferson did it agien in 1801 to stop the muslim barbary pirates of the north african countries. mckinley did this in 1900 during the boxer rebellion in china.hoover and roosevelt in the 1920's and 1930's in various south american and caribean countries.truman in 1950-53 in korea,kennedy,johnson in the 60's for vietnam,reagan in granada,bush #1 in operation desert storm.as long as the president believes there is a threat to american interest are threatened he can use force.no this is not an illegal war by any means execpt by liberal know nothings.

I don't know about emergency executive decisions (if there is such a thing), but no, the President must go via Congress. It's the three branches of government which keeps the balance of power even.

Yes

Have you forgotten about the overwhelming majority of politicians that voted for this war, no to mention whho admitted they thought there were WMD's? Check the link I have listed below for a reminder:

Accordfing to the Constitution of the United States only Congress has the power to "Declare War".

When Congress gave Bush permission to punish Iraq for violating the sanctions it did not give him the power to invade and destroy the country.

Bush took that upon himself and he should be held accountable for it!